WARRANTIES, DISCLAIMERS, AND LIMITATION OF LIABILITY
Seydel warrants that:
(a). Buyer shall obtain good title to products sold by Seydel.
(b). All such products shall conform to Seydel’s specifications.
(c). The manufacture or sale of Seydel’s products will not infringe the claims of any U.S. patent covering the product itself, but Seydel does not and can not warrant against infringement which might arise by the use of said product in any combination with other products or arising in the operation of any application or process.
Neither Seydel, its agents, distributors, licensed partners or associates make or are entitled or authorized to make any other warranty of any kind, express or implied, including without limitation any warranty of merchantability or fitness for any particular purpose, even if that purpose is known to Seydel, any application information or assistance which Seydel may furnish to Buyer or to others is gratuitous and shall in no way be deemed part of the sale of Seydel’s products or a warranty of the results to be obtained through the use of such products.
Without limiting the generality of the foregoing, if any product fails to meet warranties mentioned above, Seydel shall at the Company’s option either replace the nonconforming product at no cost to Buyer or refund the Buyer the purchase price thereof.
The foregoing is Buyer’s sole and exclusive remedy for failure of Seydel to deliver or supply product that meets the foregoing warranties. Seller’s liability with respect to this contract and the product purchased under it shall not exceed the purchase price of the portion of such product as to which such liability arises. Seydel shall not be liable for any injury, loss or damage, resulting from the handling or use of the product shipped hereunder whether in the manufacturing process or otherwise. In no event shall Seydel be liable for special, incidental or consequential damages, including without limitations loss of profits, capital or business opportunity, downtime costs, or claims of customers or employees of Buyer. Failure to give Seydel notice of any claim within thirty (30) days of Shipment of the product concerned shall constitute a waiver of such claim by Buyer, Any product credit received by Buyer hereunder, if not used, shall automatically expire one (1) year from the date the credit was granted. Notwithstanding any applicable statute of limitations to the contrary, any action by Buyer in relation to a claim hereunder must be instituted no later than two (2) years after the occurrence of the event upon which the claim is based. All the foregoing limitations shall apply irrespective of whether Buyer’s claim is based upon breach of contract, breach of warranty, negligence, strict liability, or any other legal theory.